Eastern District of New York • 1:26-cv-06550
Yosepf Batista v. Mullin
Active
Case Information
Filed: October 10, 2026
Assigned to:
Orelia E. Merchant
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 23, 2026
Parties:
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Docket Entries
#1
Oct 10, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20736005, filed by Alejandro Yosepf Batista. (Attachments: # 1 Exhibit A - Online Detainee Locator) (Coffrin-St. Julien, Jessica) (Entered: 10/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 10, 2026
Civil Cover Sheet.. by Alejandro Yosepf Batista (Coffrin-St. Julien, Jessica) (Entered: 10/10/2026)
Main Document:
Proposed Summons/Civil Cover Sheet
#3
Oct 13, 2026
Quality Control Check - Attorney Case Opening
#4
Oct 13, 2026
Order to Show Cause (463)
#5
Oct 13, 2026
Proposed Summons/Civil Cover Sheet
#6
Oct 13, 2026
Certificate of Service
Oct 13, 2026
Case Assigned/Reassigned
Oct 13, 2026
Quality Control Check - Summons
#7
Oct 14, 2026
Proposed Summons/Civil Cover Sheet
Oct 14, 2026
Quality Control Check - Summons
#8
Oct 15, 2026
Summons Issued as to USA
#9
Oct 19, 2026
Notice of Appearance
#10
Oct 20, 2026
Memorandum in Opposition
#11
Oct 20, 2026
Affidavit/Affirmation
Oct 20, 2026
Show Cause Hearing
#12
Oct 23, 2026
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, Petitioner's 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is granted. Respondents are ordered to provide Petitioner with an individ ualized bond hearing before an immigration judge by November 4, 2026. At that hearing, the Government shall bear the burden of demonstrating, by clear and convincing evidence, that Petitioner is a danger to the community or a risk of flight, see V elasco Lopez, 978 F.3d at 855-56, and at which the adjudicator must consider alternatives to detention as to both danger and flight risk, as well as ability to pay, in setting any bond. In the event Respondents fail to provide Petitioner with suc h a bond hearing by November 4, 2026, Respondents are ordered to release Petitioner immediately. By November 4, 2026, Respondents shall certify compliance with this order by filing on the docket and noting specifically the outcome of the bond hearing or that Petitioner has been released. The Clerk of Court is respectfully directed to enter judgment in accordance with this Memorandum and Order and close this case. Ordered by Judge Orelia E. Merchant on 10/23/2026. (IRW)
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